Part XXI - Temporary, Transitional and Special Provisions • Article

Article 371D Simplified: Special provisions with respect to the State of Andhra Pradesh or the State of Telangana

Article 371D deals with special provisions with respect to the state of andhra pradesh or the state of telangana. Its official text controls the legal rule; the simplified note only helps readers understand the subject and context.

Official Text

[(1) The President may by order made with respect to the State of Andhra Pradesh or the State of Telangana, provide, having regard to the requirement of each State, for equitable opportunities and facilities for the people belonging to different parts of such State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the States.]. Art 371C ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 5 (w.e.f. 15-2-1972). 3. Art 371D and Art 371E ins. by the Constitution (Thirty-second Amendment) Act, 1973, s. 3 (w.e.f. 1-7-1974). 4. Subs. by the Andhra Pradesh Reorganisation Act, 2014, (6 of 2014), s. 97, for “the State of Andhra Pradesh” (w.e.f. 2-6-2014). 5. Subs. by s. 97,ibid, for cl. (1) (w.e.f. 2-6-2014). (2) An order made under clause (1) may, in particular,- (a) require the State Government to organise any class or classes of posts in a civil service of, or any class or classes of civil posts under, the State into different local cadres for different parts of the State and allot in accordance with such principles and procedure as may be specified in the order the persons holding such posts to the local cadres so organised; (b) specify any part or parts of the State which shall be regarded as the local area- (i) for direct recruitment to posts in any local cadre (whether organised in pursuance of an order under this article or constituted otherwise) under the State Government; (ii) for direct recruitment to posts in any cadre under any local authority within the State; and (iii) for the purposes of admission to any University within the State or to any other educational institution which is subject to the control of the State Government; (c) specify the extent to which, the manner in which and the conditions subject to which, preference or reservation shall be given or made- (i) in the matter of direct recruitment to posts in any such cadre referred to in sub-clause (b) as may be specified in this behalf in the order; (ii) in the matter of admission to any such University or other educational institution referred to in sub-clause (b) as may be specified in this behalf in the order, to or in favour of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre, University or other educational institution, as the case may be. (3) The President may, by order, provide for the constitution of an Administrative Tribunal for [the State of Andhra Pradesh and for the State of Telangana] to exercise such jurisdiction, powers and authority [including any jurisdiction, power and authority which immediately before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, was exercisable by any court (other than the Supreme Court) or by any tribunal or other authority] as may be specified in the order with respect to the following matters, namely:- (a) appointment, allotment or promotion to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order; (b) seniority of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State, or to such class or classes of civil posts under the State, or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order; (c) such other conditions of service of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State or to such class or classes of civil posts under the State or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order. (4) An order made under clause (3) may- (a) authorise the Administrative Tribunal to receive representations for the redress of grievances relating to any matter within its jurisdiction as the President may specify in the order and to make such orders thereon as the Administrative Tribunal deems fit; (b) contain such provisions with respect to the powers and authorities and procedure of the Administrative Tribunal (including provisions with respect to the powers of the Administrative Tribunal to punish for contempt of itself) as the President may deem necessary; (c) provide for the transfer to the Administrative Tribunal of such classes of proceedings, being proceedings relating to matters within its jurisdiction and pending before any court (other than the Supreme Court) or tribunal or other authority immediately before the commencement of such order, as may be specified in the order; (d) contain such supplemental, incidental and consequential provisions (including provisions as to fees and as to limitation, evidence or for the application of any law for the time being in force subject to any exceptions or modifications) as the President may deem necessary. (5) The Order of the Administrative Tribunal finally disposing of any case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made, whichever is earlier: Provided that the State Government may, by special order made in writing and for reasons to be specified therein, modify or annul any order of the Administrative Tribunal before it becomes effective and in such a case, the order of the Administrative Tribunal shall have effect only in such modified form or be of no effect, as the case may be. (6) Every special order made by the State Government under the proviso to clause (5) shall be laid, as soon as may be after it is made, before both Houses of the State Legislature. (7) The High Court for the State shall not have any powers of superintendence over the Administrative Tribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in respect of any matter subject to the jurisdiction, power or authority of, or in relation to, the Administrative Tribunal. (8) If the President is satisfied that the continued existence of the Administrative Tribunal is not necessary, the President may by order abolish the Administrative Tribunal and make such provisions in such order as he may deem fit for the transfer and disposal of cases pending before the Tribunal immediately before such abolition. (9) Notwithstanding any judgment, decree or order of any court, tribunal or other authority,- (a) no appointment, posting, promotion or transfer of any person- (i) made before the 1st day of November, 1956, to any post under the Government of, or any local authority within, the State of Hyderabad as it existed before that date; or (ii) made before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, to any post under the Government of, or any local or other authority within, the State of Andhra Pradesh; and (b) no action taken or thing done by or before any person referred to in sub-clause (a), shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the appointment, posting, promotion or transfer of such person was not made in accordance with any law, then in force, providing for any requirement as to residence within the State of Hyderabad or, as the case may be, within any part of the State of Andhra Pradesh, in respect of such appointment, posting, promotion or transfer. (10) The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.

Simple Meaning

Explain Like Ten

In Andhra Pradesh and Telangana, some regions did not have many schools or jobs, making people migrate. This rule lets the President reserve government jobs and college seats for people in their own local districts so they do not lose out to people from bigger cities.

Student Mode

Article 371D was inserted by the 32nd Constitutional Amendment Act of 1973 to resolve regional tensions (such as the Telangana movement of 1969 and Jai Andhra movement of 1972). It empowers the President to issue orders creating local cadres in civil services, establishing local areas for direct job recruitment and university admissions, and reserving seats/posts for local candidates. It also authorized the establishment of an Administrative Tribunal to settle civil service disputes, removing them from High Court jurisdiction. Following bifurcation in 2014, these provisions apply equally to both Andhra Pradesh and Telangana.

Example

If a public authority is dealing with special provisions with respect to the state of andhra pradesh or the state of telangana, Article 371D is the constitutional starting point before checking statutes, rules, and case law.

Key Takeaway

Article 371D should be read with nearby articles in its Part of the Constitution.

FAQs

How was Article 371D affected by the bifurcation of Andhra Pradesh in 2014?

The Andhra Pradesh Reorganisation Act, 2014, amended Article 371D to substitute 'the State of Andhra Pradesh' with 'the State of Andhra Pradesh or the State of Telangana.' This ensured that the local reservation and cadre systems remained fully protected in both newly formed states.

Why did the Supreme Court strike down Clause (5) of Article 371D?

Clause (5) allowed the state government to modify or annul any order of the Administrative Tribunal before it became effective. In P. Sambamurthy v. State of Andhra Pradesh (1987), the Supreme Court declared this clause unconstitutional, ruling that allowing the executive to override judicial decisions violates the basic structure principle of judicial review.

Quiz

Which amendment inserted Article 371D and 371E into the Constitution?

Answer: 32nd Amendment

In which landmark case did the Supreme Court strike down Clause (5) of Article 371D regarding government veto of tribunal orders?

Answer: P. Sambamurthy case